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Howard v. Oregon Liquor Control Commission

April 16, 1973

HOWARD ET UX, PETITIONERS,
v.
OREGON LIQUOR CONTROL COMMISSION, RESPONDENT



Judicial Review of an order of the Oregon Liquor Control Commission.

R. W. Kitson, Portland, argued the cause for petitioners. With him on the brief were Rader & Kitson, Portland.

John W. Burgess, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.

Thornton, Judge. Schwab, Chief Judge, and Fort, Judge.

Thornton

This is a proceeding for judicial review of a final order of the Oregon Liquor Control Commission (OLCC) brought under the provisions of our Administrative Procedures Act. ORS ch 183. The challenged order denied petitioners' application for a Class C retail malt beverage license (RMBC) for a tavern. ORS 471.265 (3). Pursuant to ORS 183.470 the order contains findings of fact and conclusions of law.

The findings of fact essentially were that James Howard had operated the tavern from July 1970 to October 1970 and since that time the tavern has had two additional sets of owners who had been unable to make a success of the business, and that therefore there was insufficient need for the tavern in the area. As a conclusion of law the OLCC found ORS 471.295 (1)*fn1 authorized the denial of a license application on the grounds that there are sufficient licensed premises

in the locality and that the granting of the license is not demanded by public interest or convenience; therefore the application was denied.

The scope of our review is defined by statute.

"* * * The * * * [Court of Appeals] shall reverse or remand the order only if it finds:

"* * *

"(d) On review of a contested case, the order is not supported by reliable, probative and substantial ...


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